||All England Reporter
|| All ER (D) 154 (Feb)
||Court of Appeal, Civil Division
Hale and Arden LJJ
||Nigel Cooksley (instructed by Irwin Mitchell, Leeds) for the claimant.
||John Harrison (instructed by Ford & Warren, Leeds) for the defendant.
||13 February 2001
Negligence - Causation - Breach of duty causing or materially contributing to damage - Causal connection between breach of duty and damage - Claimant struck and injured by car - Judge finding driver of car negligent - Judge finding negligence not causative of accident - Whether judge in error.
On the facts of the instant case, on the basis of the evidence accepted, the judge's finding that although the defendant had been negligent, that negligence was not causative of the claimant's accident, was illogical and unsustainable. Judgment would therefore be substituted in favour of the claimant.
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